LETTER OF WARNING BX Article 7 - Discipline and Dismissal SCOPE: ASE Summary A Letter of Warning normally consists of five (5) sections: 1. Description of the unsatisfactory performance or conduct; 2. Statement of what the employee must (or must not) do to correct the performance or misconduct; 3. Statement of the Action that will be taken if the correction is not made; 4. Information about appeal rights; 5. A concluding section that lists the documents considered in the decision to issue the Letter of Warning. A Proof of Service shall also be attached, but listed separately. Employee & Labor Relations is available for information and consultation on proposed corrective actions. BX Warning - Rev 9/04 Instructions are in Boldface Type [Date] [Employee’s Name] RE: Letter of Warning (Example) Section 1: Describe the action being taken and the misconduct or performance deficiency. Cite specific examples. Describe behavior, not “attitude.” (See BX Article 7) Keep in mind that your objective is to lay out a clear and factual foundation of all information that led to your decision to take this action. Remember that in addition to communicating to the employee, this letter may also be read by an employee representative or an independent reviewer in order to assess whether the action you took was well founded and reasonable. I am issuing this letter of warning because of your failure to fulfill the commitments of your job, and your deceitfulness. You were untruthful when you requested leave and misrepresented the reason for your travel. On November 14, 2003, you informed me that you would not be available for duty at the time of the final examination in December 2003. I informed you that your presence through the end of finals, and grading the final examination was part of your job as stated in your appointment letter and the statement of the job expectations for your position. I also stated that barring a good reason, you were expected to fulfill the assignment. In response, you requested the time off because you needed to travel to New York to care for an uncle who was ill. I granted your request for the leave, but asked that you provide me with verification of the need for you, specifically, to attend to your uncles’ health. Instead, upon your return, you only provided airline ticket stubs for a flight to Ithaca, New York. When pressed, you admitted that you went to Ithaca to attend your boyfriend’s graduation from Cornell University. You to be untruthful with me, and you did not comply with the appointment letter you signed. Section 2: Clarify your expectations. You may want to use specific examples in order to ensure that the employee understands what you want done. State when you want the correction made. For most types of performance deficiencies or misconduct, you will want correction “on an immediate and sustained basis.” You are expected to fulfill the commitments of your job for the remainder of your appointment. You are also to follow department and University policies and procedures on an immediate and continuous basis. In a few instances, such as failure to perform timely work, it may be appropriate to add deadlines, but be careful. Do not convey to the employee that s/he has three BX Warning - Rev 9/04 2 months to begin to correct the problem or to perform at a level s/he can already achieve. I expect you to complete your work on time on an immediate and sustained basis. As for the current backlog, I expect you to finish the third quarter grades by June 2. Section 3: State the probable action to be taken if the offense is repeated or deficiency persists. Failure to meet my expectations may result in further corrective action up to and including dismissal. Section 4: questions. State the employee’s right to appeal. State your availability for You have the right to request review of this action under UC/UAW Agreement Article 11, Grievance and Arbitration. If you wish to request review of this action, you must do so in writing as explained in the Article 11, using the appropriate form. Your written request for review must be received in the campus Labor Relations Office no later that 30 calendar days from the date of this letter. If you have any questions, please contact me. Section 5: All materials that were relied upon in considering this action must be listed in the attachments and attached to the letter. Document examples include attendance records, time cards, memos, employee development worksheets, performance evaluations, witness statements, calendar notes, schedules, departmental or university policies, etc. If there are many documents, you should number them sequentially. A Proof of service must be attached, but listed separately. The copies specified below should also be listed. [Signature of Supervisor] [Supervisor’s Title] Attachments: Appointment Letter Job Expectations & Guidelines Proof of Service cc: [Supervisor’s Department Head] [Department File] [Employee & Labor Relations Consultant] [Personnel File] BX Warning - Rev 9/04 3